[Federal Register Volume 70, Number 121 (Friday, June 24, 2005)]
[Notices]
[Page 36696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12569]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34709]


Soo Line Railroad Company--Trackage Rights Exemption--Norfolk 
Southern Railway Company

    Pursuant to a trackage rights agreement dated May 25, 2005, between 
Soo Line Railroad Company (Soo Line) and Norfolk Southern Railway 
Company (NSR), \1\ NSR has agreed to grant Soo Line overhead trackage 
rights over the following segments: (1) Between Delray Interlocking in 
Detroit, MI, at milepost 4.4  of the Detroit District, and 
the point of connection of the new 1,982 foot long Butler Connecting 
Track at milepost D113.65  of NSR's Huntingdon District 
Line; (2) between the point of connection of the Butler Connecting 
Track at milepost D113.65  of NSR's Huntingdon District 
Line and the point of connection of the Butler Connecting Track with 
NSR's Chicago Line at milepost CD358.56 ; and (3) between 
the point of connection of the Butler Connecting Track with NSR's 
Chicago Line at milepost CD358.56 , and one of the 
following two points in Chicago, IL: (a) CP-502 at milepost 502.8 
 and (b) CP 509 at milepost 509.7 , a total 
distance of 253.9 miles (in the case of CP-502) and 260.8 miles (in the 
case of CP-509).
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    \1\ A redacted version of the trackage rights agreement between 
NSR and Soo Line was filed with the notice of exemption. The full 
version of the agreement, as required by 49 CFR 1180.6(a)(7)(ii), 
was concurrently filed under seal along with a motion for protective 
order. A protective order was served on June 21, 2005.
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    The three segments are non-separable portions of a single unified 
route over which Soo Line will operate under the trackage rights. 
Whether Soo Line trains will operate over the route via CP-502 or via 
CP-509 will be determined, on a train-by-train basis, pursuant to the 
procedures and protocols set forth in the trackage rights agreement.
    Soo Line states that the trackage rights will be effective on a 
date mutually agreed to in writing between Soo Line and NSR, which 
shall not occur until the latest of (1) the date upon which 
construction of the Butler Connecting Track is completed; (2) the 
effective date of any required Board authorization or exemption of the 
trackage rights (including compliance with any condition(s) imposed by 
the Board); and (3) the expiration of any required labor notices.
    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
and Western Ry. Co.--Trackage Rights--BN, 354 I.C.C. 605 (1978), as 
modified in Mendocino Coast Ry., Inc.--Lease and Operate, 360 I.C.C. 
653 (1980).
    This notice is filed under 49 CFR 1180.2(d)(7). If it contains 
false or misleading information, the exemption is void ab initio. 
Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed 
at any time. The filing of a petition to revoke will not automatically 
stay the transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34709, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on Terence M. Hynes, Sidley Austin 
Brown & Wood LLP, 1501 K Street, NW., Washington, DC 20005.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: June 21, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-12569 Filed 6-23-05; 8:45 am]
BILLING CODE 4915-01-P